[rhinohunter]

Nominate the best constitutionalist available and when the RATs defeat him/her, leave the post vacant.

OK... let's say the old lib kicks the bucket, and then Bush employs your strategy. Does the SC go on hearing and ruling on cases with only 8 members? And what happens when the decisions are 4-4? My assumption would be that, since the SC is an appeals court, that whatever lower court ruling is being challenged would stand. Does anyone know if this is correct?

[zbigreddogz]

And what happens when the decisions are 4-4? My assumption would be that, since the SC is an appeals court, that whatever lower court ruling is being challenged would stand. Does anyone know if this is correct?

This is correct.

[evad]

OK... let's say the old lib kicks the bucket, and then Bush employs your strategy. Does the SC go on hearing and ruling on cases with only 8 members?

Zakly!

And what happens when the decisions are 4-4?

Then we'll just have to call upon the other one to kick the bucket. Then it can be 4-3.

No, seriously, I don't know how they would handle a 4-4. I do know the constitution never mandated the number of supremes in a sitting court. Nor do I know how it wound up settling on 9.

Might be time for a little google research.